There shall
beis one form of action to be known as "civil action"--
the civil action.

EXPLANATORY NOTE

Rule 2 was amended, effective_____________.

This rule is identical to RuleFed.R.Civ.P. 2,
FRCivP, and provides for one form of
action to be known as a "civil action." The old forms of action have been abolished, as
has the distinction between "law" and "equity" cases.

Even though one form of action has been substituted for actions at law and in equity, a
distinction persists so far as the right to a jury trial is concerned. Article I, § 13
[formerly § 7] of the North Dakota Constitution
preservepreserves trial by jury in all
cases in which it could have been demanded as a matter of right at common law.
Dobervich v. Central Cass Public School District No. 17, 283 N.W.2d 187 (N.D.
1979).

Rule 2 was amended, effective _______________, in response to the December 1,
2007, revision of the Federal Rules of Civil Procedure. The language and organization of
the rule were changed to make the rule more easily understood and to make style and
terminology consistent throughout the rules.